--- In [email protected], bob_brigante <[EMAIL PROTECTED]> wrote: > > --- In [email protected], "Marek Reavis" > <reavismarek@> wrote: > > > > Comment below: > > > > --- In [email protected], "sparaig" <sparaig@> wrote: > > > > > > [Brigante wrote:] Not exactly a surprise, in fact I was > wondering > > why there had not > > > > been a challenge earlier, given the Malnak ruling years ago > > (1979 -- > > > > > > > > > Bunches of reasons: 1) it works; 2) the ruling was EXTREMELY > > limiated > > > in scope and even if it were not, it was a lower-court ruling, > so > > it > > > wouldn'tbeconsidered binding precedent in another state; 3) > times > > > have changed with faith-based initiatives all over the place -- > no > > > Christian organization will dare bring a lawsuit challenging TM > > when > > > a ruling against TM would make THEIR initiatives vulnerable also. > > > > > > > **SNIP TO END** > > > > The ruling in Malnak v. Yogi (592 F.2d 197 (1977)) was from the > Third > > District Federal Court and consequently only binding precedent in > the > > Third District, and only *persuasive* authority (but not binding) > in > > lower state courts within the Third District and therefore of only > > limited persuasive authority (if that) anywhere else. > > > > **************** > > "...courts often rely on persuasive precedent from courts in other > jurisdictions that have previously dealt with similar issues." > > http://en.wikipedia.org/wiki/Precedent > > I can't imagine a court considering this challenge by the AFA to > teaching convicts TM without referencing Malnak, and the use of > ceremonies (the puja) in teaching TM is probably going to be enough > for the court to find against Anklesaria's TSRP, even though he is > not teaching SCI along with TM: > > "The concurring opinion in the Malnak case referenced three factors > to consider in determining whether a particular belief system > constitutes a religion for purposes of the Establishment Clause: (1) > Does the belief system address fundamental questions, or areas of > ultimate concern [e.g., theories of man's nature or his place in the > universe]? (2) Does the belief system proffer a comprehensive > systematic series of answers to these fundamental questions? (3) Are > there any practices that may be analogized to accepted religions > [e.g., formal services, ceremonial functions, existence of clergy > etc.]?" > > http://www.waldorfcritics.org/active/articles/Gen_Couns_to_SD.html >
My recollection isthat the test for government establishment of a religion in thepublic schools is MUCH more rigorous than for adults. For instance, the US armed forces employs a wide variety of clergy to serve as chaplains. They do ALL of the above and get paid by the US government for doing it. ------------------------ Yahoo! Groups Sponsor --------------------~--> Join modern day disciples reach the disfigured and poor with hope and healing http://us.click.yahoo.com/lMct6A/Vp3LAA/i1hLAA/UlWolB/TM --------------------------------------------------------------------~-> To subscribe, send a message to: [EMAIL PROTECTED] Or go to: http://groups.yahoo.com/group/FairfieldLife/ and click 'Join This Group!' Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/FairfieldLife/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
